AGENDA REQUEST. April 7, 2014

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1 AGENDA HEADING: Consent Agenda No. 1 AGENDA REQUEST COMMISSION MEETING DATE: April 7, 2014 AGENDA ITEM NO: IV.A.5. BY Public Works Doug Jeffcoat Public Works General Manager of Landscape, Parks and Environmental Services Kucharski Originating Department SUBJECT: Department Head Approval Re: Bid No LKD Agreement for Mulch Presenter COMMISSION PRIORITIES: Infrastructure Quality of Life EXPLANATION: (see next page for additional explanation) Formal sealed bids were solicited for mulch on March 4, 2014 and Wholesale Landscape and Supply d/b/a Big Earth Landscape Supply submitted a bid in the amount of $67, ADMINISTRATION'S RECOMMENDATION: Motion To: Approve the Agreement with Wholesale Landscape and Supply d/b/a Big Earth Landscape Supply (Bid No LKD) and Authorize the Mayor and City Auditor and Clerk to execute same. APPROVAL SUMMARY: Approval Department Head Approval Legal Review / Approval Deputy City Manager Approval City Manager Approval City Auditor and Clerk Approval Required Date Completed Y 03/27/2014 Y 03/28/2014 Y 03/28/2014 Y 03/28/2014 Y 03/28/2014 Completed By Todd Kucharski Robert Fournier Marlon Brown Marlon Brown Pamela Nadalini Status APPROVED APPROVED APPROVED APPROVED APPROVED

2 ADDITIONAL EXPLANATION: AGENDA REQUEST The Contractor shall provide both bulk and bag Grade A mulch to the City on an as needed basis. The initial term of this Agreement is three years and City may renew this Agreement for up to two additional one-year periods. ADDITIONAL ADMIN RECOMMENDATION: FUNDING SOURCE: AMOUNT: HOUSING IMPACT (Per House): NEW CONSTRUCTION: REHABILITATION: SUPPORT DEPARTMENTS: $ 0 $ 0 City Auditor and Clerk - Pamela M. Nadalini City Attorney - Robert Fournier City Commissioners - Thomas Barwin Purchasing - Mary Tucker Financial Administration - John Lege City Manager - Thomas Barwin Commission Liaisons - Marlon Brown COMMISSION ACTION: Final Action Motion: Motion By: AGENDA DISPOSITION Second By: Vote: 2

3 Page _j_ -----i of_) 1_ Thursday, February 27, 2014 Bid Tabulation Record -.-lt1-8f! -14 t\ P'_:30 III I 3- Time Stamp:, _ Solicitation Number: LKD Solicitation Title: Mulch Buyer's Nait Na itle: Lori Deloac Purchasing Specialist III Tuesday, March 04, at 2:30 PM Opened by: (check one) Verifiedby: J8l rgi D J8I verifiedby: o Buyer r Other:, Print pnnl.m. ;J/ City/County(include City Minority # Company Name name)/non-local (&W7Y) 1 IIJLlSAL )JA.QtAkty (j'ffl/7y/ / IAif A,ffri &6 G?/4-f 2...s;?#_;r..;{!d. 3 4 S YIN Bid Amount i.->aof-. rl A1J.X.:?$..,.I b/.-'yt/2d/t "" 9 I'- ""' 10 1'.. 11 II '" IS '\, ' PAGE 1 of I '

4 Notice of Bid Action Tuesday, March 11 II, 2014 Solicitation Number: Solicitation Title: Solicitation Type: LKD Mulch Invitation to Bid-ITB Bid-ITO Bid-lTD Protest Deadline: Friday, March 14,2014 at 4:00p.m. The Purchasing Division received response(s) for the above solicitation on: Tuesday, March 04, 2014 at 2:30PM At the solicitation opening all submissions were recorded. It is the City of Sarasota's intent to award a contract for this solicitation to the following vendor(s). Wholesale Landscape Supply d/b/a Big Earth Landsca Mary O. ucker, PPO, FCPM Purchasing Manager Date II I I All bidders are furnished this notice. A bidder who has cause to file a formal protest against the award must do so verbally to the Purchasing Manager no later than 4:00 p.m. local time on the third working day (Monday-Friday) following the date ofthis notice. A formal written protest must be filed after the verbal protest. The Purchasing Manager must receive it within ten (10) calendar days following the date of this notice. It must clearly state that it is a protest and must include specific information required by the City Government's current directive. Failure FailUre to protest on a timely basis, or to include the required information, will invalidate the protest. PAGE 2 of 11

5 AGREEMENTFORMmLCH MULCH THIS AGREEMENT FOR MULCH, made and entered into this day of ,--' _--,-.,--.,-- --:-:,----; -._-;-' --:--:-' 2014, by and between the CITY OF SARASOTA, FLORIDA, a municipal corporation, hereinafter referred to as "CITY," and WHOLESALE LANDSCAPE SUPPLY, INC., a Florida corporation, D/B/A DIB/ A BIG EARTH LANDSCAPE SUPPLY, hereinafter referred to as "CONTRACTOR". WITNESSETH: WHEREAS, CITY has publicly announced annotillced an Invitation to Bid seeking a vendor to provide both bulk and bag Grade A mulch on 011 Oil an as-needed basis, pursuant to Invitation to Bid #14-14LKD; and WHEREAS, CONTRACTOR has submitted a responsive proposal which has been accepted by CITY to provide CITY ClTY with said product; and WHEREAS, CITY and CONTRACTOR desire to enter into this Agreement for Mulch so as to set forth the terms telms and conditions upon which CONTRACTOR shall provide both bulk and bag Grade A mulch to CITY on an as-needed basis. NOW, THEREFORE, IN CONSIDERATION CONSIDERATfON OF THE FOREGOING AND THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS AGREED AS FOLLOWS: 1. I. Definitions: The following teons terms shall have the meanings herein ascribed to them: A. City Manager shall mean the City manager ofthe City of Sarasota, Florida, or his designee. B. Director shall mean the Director of the Public Works Depart.ment Department of the City of Sarasota, Florida, or his designee. C. Project shall mean the Scope of Services to be performed by CONTRACTOR. pursuant to this Agreement. Agreemeni. The Project Scope of Services shall include the provision of all necessary labor, services, materials, equipment, tools, consumables, transpmiation, transpol1ation, transportation, skills and incidentals required to provide to CITY both bulk and bag Grade A mulch in compliances with the Specifications attached hereto and incorporated by reference herein as Exhibit A. The Project Scope of Selvices Services shall also include all selvices services described within Invitation Invitatiotl Invitatioll to Bid #14- # PAGE 3 of 11

6 14LKD, a copy of which is on file in the offices of the Financial Administration Purchasing Division of CITY and is deemed incorporated by reference into this Agreement. CONTRACTOR covenants to strictly comply with all of the terms and conditions oflnvitation Invitation to Bid# 1/ tli4-14lkd LKD. [4LKD. In the event of any conflict between the telms tetms set folih fotih in the main body ofthis Agreement, its attachments and Invitation to Bid #14-14LKD, 1/14-14LKD, tli4-14lkd, [4-14LKD, the terms and conditions set fmih folth folih in the main body of this Agreement shall control, followed by the terms and conditions set forth in Exhibit A, followed by the tenns tenlls and conditions set forth in Exhibit B, followed by the terms and conditions within Invitation to Bid 1/14-14LKD. #14-14LKD LKD. tli4-14lkd. 2. Scope of Selvices: Services: The Project Scope of Services shall be provided by CONTRACTOR for CITY on an as-needed basis. The Director will be responsible for providing CONTRACTOR notice as to when Project Scope of Services will be required and where the Grade A mulch is to be delivered. The Director will also notify CONTRACTOR of the schedule upon which said Grade A mulch is to be delivered. The Director shall be entitled at all times to be advised, in writing, at his request, as to the status ofthe work being done by CONTRACTOR and the details thereof. If CONTRACTOR cannot satisfy any deadlines set forth in the project schedule, then CONTRACTOR shall notify the Director in writing at least seven (7) days prior to such deadline of the reason for the delay. There is no assurance of any minimum amount of Project Scope of Services to be provided by CONTRACTOR. Consequently, there is no assurance that CITY will purchase fi'om from CONTRACTOR any minimum amount of Project Scope of Selvices. Services. 3. Payment: CITY agrees to pay CONTRACTOR for the Project Scope of Services pursuant to the terms set forth in this Section 3. CITY agrees to pay CONTRACTOR the Unit Price set f01th folih folth within CONTRACTOR'S Itemized Bid Fmm FOlm FOIm submitted in response to Invitation 2 PAGE 4 of 11

7 to Bid No LKD. A photocopy of said Itemized Bid Form is attached hereto and incorporated by reference herein as Exhibit B. Exhibit B shall be used to determine the Unit Price to be paid by CITY to CONTRACTOR for all Grade A mulch delivered by CONTRACTOR to CITY pursuant to this Agreement. There is no guarantee as to any minimum amount of Project Scope of Services to be ordered by CITY and provided by CONTRACTOR. The unit costs set fotih fotth in this Section 3 shall include any and all reimbursable expenses and costs incurred in retaining subcontractors or any other costs incuned in performing the Project Scope of Services. CONTRACTOR shall invoice CITY no more often than monthly. Each invoice shall set forth the number of units identified on Exhibit B delivered by CONTRACTOR to CITY during the invoice period. CONTRACTOR shall not be entitled to any payment other than the Unit Price set forth within this Section 3. CITY shall pay CONTRACTOR the invoice amount within thirty (30) days of receipt of a full and complete invoice to the satisfaction of the City Manager. The amount set fmih fotth in each invoice shall be consistent with the unit prices set forth within this Section 3. No amount of compensation, unless authorized by this Section 3, shall be due and payable from CITY to CONTRACTOR. 4. Tetm: The term of this Agreement shall commence upon the approval of same by the City Commission of CITY and the execution of the Agreement by each of the patties parties hereto. The initial term of this Agreement shall be for a period of three years. CITY may renew this Agreement for up to two additional one-year periods upon the mutual agreement of the patties. 5. Termination Without Default: The City Manager shall have the right at any time upon thitty thiliy (30) days written notice to CONTRACTOR to terminate the services of CONTRACTOR hereunder for any reason whatsoever. In the event of such termination, CITY shall be responsible to CONTRACTOR only for the fees and compensation earned by 3 PAGE 5 of 11

8 CONTRACTOR prior to the effective date of said termination. In no event shall CITY be responsible for lost profits of CONTRACTOR or any other elements of a breach of contract. CONTRACTOR acknowledges that the thitty (30) day notice provision set forth in this Section 5 shall be deemed adequate additional consideration suppmting suppotting this termination for convenience clause. 6. Assignment: CONTRACTOR shall not assign, sell, or transfer any interest in this Agreement. 7. Compliance with Applicable Law: This Agreement shall be governed by the laws of the State of Florida. CONTRACTOR covenants to promptly comply with all applicable federal, state, county and municipal laws, ordinances, regulations, and mles relating to the services to be performed hereunder and in effect at the time of performance. CONTRACTOR covenants that it will conduct no activity or provide any service that is unlawful or offensive. 8. Disclaimer of Joint Venture: CONTRACTOR and CITY warrant and represent by the execution of this Agreement it is not the intent of the parties that this Agreement be construed constmed or deemed to represent a joint venture or undertaking between CITY and CONTRACTOR. CONTRACTOR shall be solely responsible for the conduct of all activities and services provided by CONTRACTOR as part of its business operations. While engaged in carrying out and complying with the tenns of this Agreement, CONTRACTOR is an independent contractor and not an officer or employee of CITY. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are employees of CITY. 4 PAGE 6 of 11

9 9. Right of Inspection: The City Manager shall have the right at all reasonable times during the term of this Agreement to inspect or otherwise evaluate the work being performed hereunder and the premises in which it is being performed. 10. Remedies - Cumulative: All remedies hereinbefore and hereinafter conferred to CITY shall be deemed cumulative and no one exclusive of the other, or any other remedy conferred by law. 11. Waiver: The failure of CITY to take any action with respect to any breach of any term, covenant, or condition contained herein, or any instance of default hereunder by CONTRACTOR, shall not be deemed to be a waiver of any default or breach by CITY. 12. Entire Agreement: This Agreement, including Invitation to Bid #14-14LKD on file at the office of the Financial Administration Purchasing Division of CITY shall constitute the entire agreement between the patties. All amendments to this Agreement shall be ineffective unless reduced to writing as a formal amendment to this Agreement and executed by CITY and CONTRACTOR. 13. Attomey's Fees: Should it be necessary for either party to bring any action against the other to enforce any of the covenants, provisions, or conditions of this Agreement, the nonprevailing party hereby agrees to pay all costs attendant thereto, including reasonable attorney's attomey's fees to the attorney attomey representing prevailing party, and said obligation shall apply to declaratory relief, if necessary, to interpret any of the tetms hereof. 14. Public Entity Crimes: Prior to entering into this Agreement, CONTRACTOR shall file a sworn swom statement with the Purchasing Manager of CITY, as required by , Florida Statutes (2013). 5 PAGE 7 of 11

10 15. Notices: Notices and other correspondence required by this Agreement shall be sent by certified mail, retum receipt requested, to the respective parties at the following addresses: City of Sarasota Attention: City Manager 1565 First Street Sarasota, Florida Wholesale Landscape Supply, Inc. lnc. d/b/a Big Earth Landscape Supply 2423 Manatee Avenue Avenne West Bradenton, Florida Attn: Allan H. Rickert, President IN WITNESS WHEREOF this Agreement has been signed and sealed, in duplicate, by the respective parties hereto. DATED this day of, 2014 by the City of Sarasota, Florida. DATED this day of------,2014, by Wholesale Landscape Supply, Inc. d/b/a Big Earth Landscape Supply. CITY OF SARASOTA, FLORIDA ATTEST: By: By: = Shannon Snyder, Mayor Pamela M. Nadalini, MBA, CMC City Auditor and Clerk WHOLESALE LANDSCAPE SUPPLY, INC. DIB/ D/B/A A BIG EARTH LANDSCAPE SUPPLY By:, _ Allan H. Rickert, President 6 PAGE 8 of 11

11 Witnesses as to execution on behalf ofwholesale Landscape Supply, Inc. d/b/a Big Ealth Eatth Landscape Supply Witness Print Name Witness Print Name STATE OF FLORIDA ) )SS. COUNTYOF OF ) THE FOREGOING INSTRUMENT was acknowledged before me this day of ::-----:-::-:--=-:-:=---:--::-_.' , , , ,.--' 2014, by Allan H. Rickert, as President ofwhole Landscape Supply, Inc. d/b/a Big Earth Landscape Supply. He is personally known to me or has produced - as identification Notary Public Approved as to form and conectness: COlTectness: City Attorney C:\Tammy's Files\Agreemenls\U Files\Agreemcnts\U -ZJ\Wholesalc Landscape ( ) 7 PAGE 9 of 11

12 ITB 14" 14-14LKD 14LKD Mulch MuIch Specifications All bid prices shall include delivery to the City of Sarasota on 011 an "as needed" >> basis. All bagged llluich mulch must be palletized (cost to palletize and cost of pallet must Illust be included in the bid price). The City of Sarasota reserves the right to refuse delivery of any mulch that does not meet the satisfaction of the City of Sarasota. Mulch shall be Grade "A" There is to be no 110 recycled yard waste or 01' recycled lumber as the content in any of the varieties of mulch. Illulch. EXHIBIT A 14 14LKD ITB Mulch Mulcll Bid Page 71 of 71 Opens: 03/ PAGE 10 of 11

13 City of Sarasota Itemized Bid Form lhe The successful sliccessful sllccessful bidder sha11 shall be responsible responsible for furnishing furnishing and delivering dellveflng to the City of Sarasota requesting Department commodity, services, or construction construction construct1on services as specified speclffed In the Scope of Work as per specifications. specwcauons. spectricauons. speculcauons. The Initial term shall hall hau be 3 years with a potential potenthll to renew 2 addltionall year periods upon approval of both.the City and the vendor at the time of the elttension extension or renewal. Est. Annual Item # Description Quantity Unit Price Extended Bid Price Exep Excp 1 I Melaleuka Mulch Grade "A" (Bulk) 2,400 cy 2 Pine Bark Mulch Grade "A" (Bulk) 500 cy 3 Eucalyptus Mulch Grade "A" "Au (Bulk) 500 cy 4 Melaleuka Melnleuka Mulch Grade "A" "AU 2 cu fi ft bag 200 bags 5 Pine Bark Mulch Grade "A" 2 cu Cll ft bag 200 bags 6 Eucalyptus Mulch Grade "A" "AU 2 cu ft bag 200 bags 7 Melaleuka Mulch Grade "A" "A)) II ita)) AU 3 cu ft bag 100 bags 8 Pine Bark Mulch Milich MilIch Grade" "A" HA" U 3 cu Cll ell ft bag 100 bags 9 Ellcalyplus Ellcalyptus Eucalyptus Mulch Grade "A" 3 cu eu CII ft f\ b.g bag 100 bags 11I.ao I<iI.aD 1.0to J, j,?, Lt. Io'6D. \o'6d. '60. ;1) d) i1) 4f) $Ig, $Iq,j) f).p P 1/1 1/tO() /I Of) oo t u> to $(q, t) P 1 J3.5o $J3,5o $Jo.5O 50 t I f ( I, 7:;-0. 7 O. s-o. ta vi /Ii $'c),o<j,09 4 <I 4- '-Jt$1 '11,/ ( r It i, 9 $ 3'l<t 39'1,.... J{J 39<t" vj {/>'' {fie}. 0'/ 09.so dso <P q, 5oo 500, w IN ()l) ta., f/f. f(}.9q f/}.9q qq $' t c) C{ c,1.j;1 olc(tl c).,.(11 1 r ViJ <-1..5,q-5 a-cjo-j a-q0; vv vi> I<i.5 $ a-cjo J $ 3,'-10 3, '-\-0 ot.to 0,-\-0.,<0... tt-- Grand Tolal Total Number Numbe,' ofc.lend"r orc.lendor CAlend.r CAlendar days d.ys doys drys requh ed required to mal<e make delivery after.fto, "fto,' of receipt of order: Grand Total (written in words) Quantities are estimated for bidding purposes only and are not guaranteed. Unit prices will be used as a not to exceed amount. * Exceptions to the specifications, if any Proposed by; by: Signature Signlltureof Signll1ureof Authorized Representative Represenlative Name and Title Tille Til1e of' or Authorized Represenhllive Representative Represenfative 7 /!Coy I/O 1 W, tal, Urttfl/if U,1f?/tz 14 14LKD 14-14LKD 14-14LKO Mulch EXHIBIT B PAGE 11 of 11

AGENDA REQUEST. AGENDA ITEM NO: IV.A.5. BY Public Works Doug Jeffcoat Public Services Manager DelRossi. April 18, 2016

AGENDA REQUEST. AGENDA ITEM NO: IV.A.5. BY Public Works Doug Jeffcoat Public Services Manager DelRossi. April 18, 2016 AGENDA HEADING: Consent Agenda No. 1 AGENDA REQUEST COMMISSION MEETING DATE: April 18, 2016 AGENDA ITEM NO: IV.A.5. BY Public Works Doug Jeffcoat Public Services Manager DelRossi Originating Department